New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 90A

Prohibition orders

90A Prohibition orders

(1) The Children's Court may, at any stage in care proceedings, make an order (a
"prohibition order" ) prohibiting any person, including a parent of a child or young person or any person who is not a party to the care proceedings, in accordance with such terms as are specified in the order, from doing anything that could be done by the parent in carrying out his or her parental responsibility.
(2) A party to care proceedings during which a prohibition order is made may notify the Children's Court of an alleged breach of the prohibition order.
(3) The Children's Court, on being notified of an alleged breach of a prohibition order:
(a) must give notice of its intention to consider the alleged breach to the person alleged to have breached the prohibition order, and
(b) must give that person an opportunity to be heard concerning the allegation before it determines whether or not the order has been breached, and
(c) is to determine whether or not the order has been breached, and
(d) if it determines that the order has been breached--may make such orders (including a parent capacity order) as it considers appropriate in all the circumstances.
(4) The person who is alleged to have breached the prohibition order is entitled to be heard, and may be legally represented, at the hearing of the matter.



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